In
recent days, Michael Newdow - infamous for his successful initiation of the
ruling striking down "under God" in the Pledge of Allegiance - has
broadened his efforts and has filed suit against the use of chaplains in the U.
S. House and Senate. In his public appearances defending this newest pursuit,
Newdow cites James Madison's quotes from his "Detached Memoranda" as his authority in opposing chaplains. Did Madison
actually oppose chaplains in Congress? Yes, and no.

Madison's
religious views and activities are numerous, as are his writings on religion.
They are at times self-contradictory, and his statements about religion are such
that opposing positions can each invoke Madison as its authority. An
understanding of Madison's religious views is complicated by the fact that his
early actions were at direct variance with his later opinions. Consider six
examples of his early actions.

First,
Madison was publicly outspoken about his personal Christian beliefs and
convictions. For example, he encouraged his friend, William Bradford (who served
as Attorney General under President Washington), to make sure of his own
spiritual salvation:

[A] watchful eye must
be kept on ourselves lest, while we are building ideal monuments of renown
and bliss here, we neglect to have our names enrolled in the Annals of Heaven.[1]

Madison
even desired that all public officials - including Bradford - would declare
openly and publicly their Christian beliefs and testimony:

I have sometimes thought
there could not be a stronger testimony in favor of religion or against temporal
enjoyments, even the most rational and manly, than for men who occupy the
most honorable and gainful departments and [who] are rising in reputation
and wealth, publicly to declare their unsatisfactoriness by becoming fervent
advocates in the cause of Christ; and I wish you may give in your evidence
in this way. [2]

Second,
Madison was a member of the committee that authored the 1776 Virginia Bill of
Rights and approved of its clause declaring that:

It is the mutual duty
of all to practice Christian forbearance, love, and charity toward each other.
[3]
(emphasis added)

Third,
Madison's proposed wording for the First Amendment demonstrates that he
opposed only the establishment of a federal denomination, not public religious
activities. His proposal declared:

The civil rights of
none shall be abridged on account of religious belief or worship, nor shall
any national
religion be established. [4]
(emphasis added)

Fourth,
in 1789, Madison served on the Congressional committee which authorized, approved,
and selected paid Congressional chaplains. [6]

Fifth,
in 1812, President Madison signed a federal bill which economically aided a
Bible Society in its goal of the mass distribution of the Bible. [7]

Sixth,
throughout his Presidency (1809-1816), Madison endorsed public and official
religious expressions by issuing several proclamations for national days of
prayer, fasting, and thanksgiving. [8]

These
were the early actions of Madison. In later life Madison retreated from many
of these positions, even declaring in his "Detached Memoranda" his belief that
having paid chaplains and issuing presidential prayer proclamations were unconstitutional.
Recent Courts have made a point of citing Madison's "Detached Memoranda" in
arguing against public religious expressions. [9]

Significantly, the "Detached Memoranda" was "discovered" in 1946
in the papers of Madison biographer William Cabell Rives and was first published
more than a century after Madison's death by Elizabeth Fleet in the October
1946 William & Mary Quarterly.
In that work, Madison expressed his opposition to many of his own earlier
beliefs and practices and set forth a new set of beliefs formerly unknown even
to his closest friends. Since Madison never made public or shared with his peers
his sentiments found in the "Detached Memoranda," and since his own public
actions were at direct variance with this later writing, it is difficult to
argue that it reflects the Founders' intent toward religion.

There
were fifty-five individuals directly involved in framing the Constitution at
the Constitutional Convention, and an additional ninety in the first federal
Congress that framed the First Amendment and Bill of Rights. Allowing for the
overlap of nineteen individuals who were both at the Constitutional Convention
and a part of the first Congress, [10]
there were one hundred and twenty-six individual participants in the framing
of the Constitution and the Bill of Rights. The records of the Constitutional
Convention demonstratethat James
Madison was often out of step with these Founders. The other delegates rejected
Madison's Virginia plan in preference for Roger Sherman's Connecticut plan and
voted down 40 of Madison's 71 proposals (60 percent). [11]
Nevertheless, today Madison is cited as if he is the only authority among the
Founding Fathers and the only expert on the First Amendment and the Bill of
Rights.

Was
Madison responsible for the First Amendment and the Bill of Rights? Definitely
not. In fact, during the Constitutional Convention, it was Virginian George
Mason that advocated that a Bill of Rights be added to the Constitution, [12]
but the other Virginians at the Convention - including James Madison - opposed
any Bill of Rights and their position prevailed. [13]
Consequently, George Mason, Elbridge Gerry, Edmund Randolph, and others at the
Convention refused to sign the new Constitution because of their fear of insufficiently
bridled federal power. [14]

Mason and the others returned to their home States to lobby against the
ratification of the Constitution until a Bill of Rights was added. As a result
of their voices (and numerous others who agreed with them), the ratification
of the Constitution almost failed in Virginia, [15]
Massachusetts, [16] New Hampshire, [17] and New York. [18]
Rhode Island flatly refused to ratify it, [19]
and North Carolina refused to do so until limitations were placed upon the federal
government. [20]
Although the Constitution was eventually ratified, a clear message had been
delivered: there was strong sentiment demanding the inclusion of a Bill of Rights.

When
the Constitution was considered for ratification, the reports from June 2 through
June 25, 1788, make clear that in Virginia, Patrick Henry, George Mason, and
Edmund Randolph led the fight for the Bill of Rights, again over James Madison's
opposition. [21]
Henry's passionate speeches of June 5 and June 7 resulted in Virginia's motion
that a Bill of Rights be added to the federal Constitution; and on June 25,
the Virginia Convention selected George Mason to chair a committee to prepare
a proposed Bill of Rights, [22]
with Patrick Henry and John Randolph as members. [23]
Mason incorporated Henry's arguments as the basis of Virginia's proposal on
religious liberty. [24]

Although Madison had opposed a Bill of Rights, he understood the grim political
reality that without one, it was unlikely the new Constitution would receive
widespread public acceptance. [25]
Consequently, he withdrew his opposition, and in the federal House of Representatives
he introduced his own versions of the amendments offered by his State.

Very
little of Madison's proposed religious wording made it into the final version
of the First Amendment; and even a cursory examination of the Annals of Congress surrounding the formation of that Amendment quickly
reveals the influence of Fisher Ames and Elbridge Gerry of Massachusetts, Samuel
Livermore of New Hampshire, John Vining of Delaware, Daniel Carroll and Charles
Carroll of Maryland, Benjamin Huntington, Roger Sherman, and Oliver Ellsworth
of Connecticut, William Paterson of New Jersey, and others on that Amendment.
[26]

The
failure to rely on Founders other than Madison seems to imply that no other
Founders were qualified to address First Amendment issues or that there exists
no pertinent recorded statements from the other Founders. Both implications are
wrong: numerous Founders played pivotal roles; and thousands of their writings
do exist.

However, if critics of public religious expression believe
that only a Virginian may speak for the nation on the issue of religion (they
usually cite either Madison or Jefferson), then why not George Mason, the
"Father of the Bill of Rights"? Or Richard Henry Lee who not only framed
Virginia's proposals but who also was a Member of the first federal Congress
where he helped frame the Bill of Rights? Or why not George Washington? Perhaps
the reason that these other Virginians are ignored (as are most of the other
Framers) is because both their words and actions unequivocally contradict the
image portrayed by the one-sided picture of Madison given by those who cite only
his "Detached Memoranda."

George
Washington provides a succinct illustration. During his inauguration, Washington
took the oath as prescribed by the Constitution but added several religious
components to that official ceremony. Before taking his oath of office, he summoned
a Bible on which to take the oath, added the words "So help me God!" to the
end of the oath, then leaned over and kissed the Bible. [27]
His "Inaugural Address" was filled with numerous religious references, [28]
and following that address, he and the Congress "proceeded to St. Paul's Chapel,
where Divine service was performed." [29]

Only
weeks later, Washington signed his first major federal bill [30]
- the Northwest Ordinance, drafted concurrently with the creation of the First
Amendment. [31] That act stipulated that
for a territory to become a State, the "schools and the means of education"
in that territory must encourage the "religion, morality, and knowledge" that
was "necessary to good government and the happiness of mankind." [32] Conforming to this requirement,
numerous subsequent State constitutions included that clause, [33]
and it still appears in State constitutions today. [34]
Furthermore, that law is listed in the current federal code, along with the
Constitution, the Declaration, and the Articles of Confederation, as one of
America's four "organic" or foundational laws. [35]

Finally,
in his "Farewell Address," Washington reminded the nation:

Of
all the dispositions and habits which lead to political prosperity, religion
and morality are indispensable supports. In vain would that man claim the
tribute of patriotism, who should labor to subvert these great pillars of
human happiness. . . . The mere politician, equally with the pious man, ought
to respect and to cherish them. [36]

Washington
- indisputably a constitutional expert - declared that religion and morality
were inseparable from government, and that no true patriot, whether politician
or clergyman, would attempt to weaken the relationship between government and
the influence of religion and morality.

Or
why not cite the actions of the entire body of Founding Fathers? For example,
in 1800, when Washington, D. C., became the national capital and the President
moved into the White House and Congress into the Capitol, Congress approved
the use of the Capitol building as a church building for Christian worship services.
[37]
In fact, Christian worship services on Sunday were also started at the Treasury
Building and at the War Office. [38]

John
Quincy Adams, a U. S. Senator, made frequent references to these services.
Typical of his almost weekly entries are these:

[R]eligious service
is usually performed on Sundays at the Treasury office and at the Capitol.
I went both forenoon and afternoon to the Treasury. October 23, 1803.[39]

Attended public service
at the Capitol, where Mr. Ratoon, an Episcopalian clergyman from Baltimore,
preached a sermon. October 30, 1803.[40]

The
Rev. Mannasseh Cutler, a U. S. Congressman (as well as a chaplain in the
Revolution and a physician and scientist) similarly recorded in 1804:

December 23, Sunday. Attended worship at the Treasury. Mr. [James] Laurie
[pastor of the Presbyterian Church] alone [preached]. Sacrament [communion].
Full assembly. Three tables; service very solemn; nearly four hours. Cold
day. [41]

By1867,
the church in the Capitol had become the largest church in Washington, and the
largest Protestant church in America. [42]

There
are numerous other public religious activities by the Founding Fathers that
might be cited, and Madison participated and facilitated many of them. Yet
Madison later privately renounced his own practices, thus distancing himself
from his own beliefs and practices as well as those of the other Founders.
Therefore, to use Madison's "Detached Memoranda" as authoritative is a
flagrant abuse of historical records, choosing a long unknown ex
post facto document in preference to those concurrent with the framing and
implementation of the First Amendment.

Newdow's
use of James Madison is typical of most revisionists: it gives only the part
of the story with which he agrees and omits the part with which he disagrees.
If Newdow wants to take the position that the "Founding Fathers" (plural) opposed
the use of chaplains, then he must provide evidence from more than one Founder;
he must show that the majority of the Founders opposed chaplains - something
that he cannot do.

WallBuilders has a resource that provides comprehensive information on
the Founders views on the Constitution (see Original
Intent).

ENDNOTES

[1] Letter of Madison to William
Bradford (November 9, 1772), in 1 James Madison, The Letters
and Other Writings of James Madison 5-6 (New York: R. Worthington
1884).

[2] Letter of Madison to William
Bradford (September 25, 1773), in 1 James Madison, The Papers
of James Madison 66 (William T. Hutchinson ed., Illinois: University
of Chicago Press 1962).

[3]The
Proceedings of the Convention of Delegates, Held at the Capitol in the City
of Williamsburg, in the Colony of Virginia, on Monday the 6th of May, 1776,
103 (Williamsburg: Alexander Purdie 1776) (Madison on the Committee on May
16, 1776; the "Declaration of Rights" passed June 12, 1776).

[7]Debates
and Proceedings in the Congress of the United States 1325, 12th Cong.,
2nd Sess. (Washington: Gales & Seaton 1853) ("An Act for the relief
of the Bible Society of Philadelphia. Be it enacted, &c., That the duties
arising and due to the United States upon certain stereotype plates, imported
during the last year into the port of Philadelphia, on board the ship Brilliant,
by the Bible Society of Philadelphia, for the purpose of printing editions
of the Holy Bible, be and the same are hereby remitted, on behalf of the
United States, to the said society: and any bond or security given for the
securing of the payment of the said duties shall be cancelled. Approved
February 2, 1813.")

[10] Ten members of the Constitutional
Convention also served in the first federal Senate (William Few, Richard
Bassett, George Read, Pierce Butler, William Paterson, Robert Morris, Oliver
Ellsworth, William Samuel Johnson, Caleb Strong, and John Langdon) and nine
members of the Convention served in the first federal House (Abraham Baldwin,
James Madison, Hugh Williamson, Daniel Carroll, George Clymer, Thomas Fitzsimons,
Roger Sherman, Elbridge Gerry, and Nicholas Gilman).

[30]Acts
Passed at a Congress of the United States of America Begun and Held at the
City of New-York, on Wednesday the Fourth of March, in the Year 1789, 104
(Hartford: Hudson & Goodwin, 1791) (August 7, 1789).